Georgia Official and Statistical Register 1983-84 - the Digital Library ...

Justice to serve if the Chief Justice is absent or is disqualified. Amajority shall be necessary to hear and determine cases. If aJustice is disqualified in any case, a substitute judge may bedesignated by the remaining Justices to serve.Paragraph II. Exclusive appellate jurisdiction of SupremeCourt. The Supreme Court shall be a court of review and shallexercise exclusive appellate jurisdiction in the following cases:(1) All cases involving the construction of a treaty or of theConstitution of the State of Georgia or of the U nited States andall cases in which the constitutionality of a law, ordinance, orconstitutional provision has been drawn in question; and(2) All cases of election contest.Paragraph III. General appellate jurisdiction of SupremeCourt. Unless otherwise provided by law, the Supreme Courtshall have appellate jurisdiction of the following classes ofcases:(1) Cases involving title to land;(2) All equity cases;(3) All cases involving wills;(4) All habeas corpus cases;(5) All cases involving extraordinary remedies;(6) All divorce and alimony cases;(7) All cases certified to it by the Court of Appeals; and(8) All cases in which a sentence of death was imposed orcould be imposed.Review of all cases shall be as provided by law.Paragraph IV. Jurisdiction over questions of law from stateor federal appellate courts. The Supreme Court shall havejurisdiction to answer any question of law from any state orfederal appellate court.Paragraph V. Review of cases in Court of Appeals. TheSupreme Court may review by certiorari cases in the Court ofAppeals which are of gravity or great public importance.Paragraph VI. Decisions of Supreme Court binding. Thedecisions of the Supreme Court shall bind all other courts asprecedents.SECTION VII.SELECTION, TERM, COMPENSATION,AND DISCIPLINE OF JUDGESParagraph I. Election; term of office. All superior court andstate court judges shall be elected on a nonpartisan basis for aterm of four years. All Justices of the Supreme Court and theJudges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thuselected shall begin the next January 1 after their election. Allother judges shall continue to be selected in the manner and forthe term they were selected on June 30, 1983, until otherwiseprovided by local law.Paragraph II. Qualifications, (a) Appellate and superiorcourt judges shall have been admitted to practice law for sevenyears.(b) State and juvenile court judges shall have been admittedto practice law for five years.(c) Probate and magistrate judges shall have such qualifications as provided by law.(d) All judges shall reside in the geographical area in whichthey are selected to serve.(e) The General Assembly may provide by law for additional qualifications, including, but not limited to, minimumresidency requirements.Paragraph III. Vacancies. Vacancies shall be filled byappointment of the Governor except as otherwise provided bylaw in the magistrate, probate, and juvenile courts.Paragraph IV. Period of service of appointees. An appointee to an elective office shall serve until a successor is dulyselected and qualified and until January 1 of the year followingthe next general election which is more than six months aftersuch person©s appointment.Paragraph V. Compensation and allowances of judges. Alljudges shall receive compensation and allowances as providedby law; county supplements are hereby continued and may begranted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, tomake county supplements shall continue to have such authorityunder this Constitution. An incumbent©s salary, allowance, orsupplement shall not be decreased during the incumbent©s termof office.Paragraph VI. Judicial Qualifications Commission;power;composition. The power to discipline, remove, and cause involuntary retirement of judges shall be vested in the JudicialQualifications Commission. It shall consist of seven members,as follows:(1) Two judges of any court of record, selected by theSupreme Court;(2) Three members of the State Bar of Georgia who shallhave been active status members of the state bar for at least tenyears and who shall be elected by the board of governors of thestate bar; and(3) Two citizens, neither of whom shall be a member of thestate bar, who shall be appointed by the Governor.Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, orotherwise disciplined for willful misconduct in office, or forwillful and persistent failure to perform the duties of office, orfor habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute.Any judge may be retired for disability which constitutes aserious and likely permanent interference with the performanceof the duties of office. The Supreme Court shall adopt rules ofimplementation.Paragraph VIII. Due process; review by Supreme Court.No action shall be taken against a judge except after hearingand in accordance with due process of law. No removal orinvoluntary retirement shall occur except upon order of theSupreme Court after review.SECTION V11I.DISTRICT ATTORNEYSParagraph I. District attorneys; vacancies; qualifications;compensation; duties; immunity, (a) There shall be a districtattorney for each judicial circuit, who shall be elected circuitwidefor a term of four years. The successors of present andsubsequent incumbents shall be elected by the electors of theirrespective circuits at the general election held immediatelypreceding the expiration of their respective terms. Districtattorneys shall serve until their successors are duly elected andqualified. Vacancies shall be filled by appointment of theGovernor.(b) No person shall be a district attorney unless such personshall have been an active-status member of the State Bar ofGeorgia for three years immediately preceding such person©selection.13